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July 29, 2011

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Franita Tolson

Take a look at Jack Balkin's post: http://balkin.blogspot.com/2011/07/obama-is-already-invoking-14th.html. He argues that President Obama can invoke(and indeed, has invoked) the 14th Amendment to act unilaterally to raise the debt ceiling. According to Balkin, President Obama can invoke it to first pay the bondholders on August 2 and then later to prevent the implosion of the markets. You probably won't find Balkin's argument persuasive, but I thought that I would at least point to another well known scholar who thinks the 14th Amendment argument has some validity.

tde

If Obama were to act unilaterally to prevent default, would congress have any remedy other than impeachment?

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